JAHAR LALL PAUL Vs. ASIT KUMAR PAL

JUDGEMENT

(1.) SASHI Bhusan Paul, since deceased had four sons, Amullya Chandra Paul, Prafulla Kumar Paul, Atul Krishna Paul and Srikrishna Paul. Prafulla Kumar Paul died in the year 1964, leaving behind his widow Usha Rani Paul who also died on 13th January, 1998. They were issueless. Upon the death of Usha Rani Paul Asit Kumar Paul, son of Atul Krishna Paul produced a Will dated 26th May,1981 said to have been made by her. The beneficiaries under the said Will were the testratix's brother -in -law Atul Krishna Paul, his daughter Arati Dey and sons viz, Asit Kumar Paul, Nishit Kumar Paul and Ashim Kumar Paul. Asit Kumar Paul was named the executor of that Will.

(2.) THE named executor made an application praying for grant of probate of the said will which was moved on 3rd March, 1999. By that time all the sons of Sashi Bhusan Paul, since deceased, were dead. In the petition for grant of probate the propounder named the sons and daughters of the three deceased sons of Sashi Bhusan Paul, since deceased, as the heirs of Usha Rani Paul.

(3.) THE Ld. Trial Judge framed issues and tried them to come to his judgment dated 16th June, 2007, which has been impugned in this appeal. The Ld. Trial Judge took note of the case made by the appellant that the Will had not been executed in strict compliance of the provisions in Section 63 of the Indian Succession Act, 1925. Hence it was void. The Ld. Trial Judge relied upon, inter alia, endorsement on the Will made by the scribe that it had been read over and explained to the testatrix in the presence of the witnesses. He thus went on to hold that from all the situations considered together, it is clear that the execution of the Will had taken place in the same sitting. It could, therefore, be safely inferred that the witness Dr. Roy had also signed on the Will in the presence of the testatrix and the provision under Section 63 of the Indian Succession Act, 1925 had been strictly complied with. The Ld. Judge negatived the contentions of the appellant and ordered that the application be allowed on contest against him and ex parte against the rest for probate to be issued of the Will dated 26th May, 1981 of Usha Rani Paul, since deceased.